TANSIR KHAN Vs. STATE OF U P

JUDGEMENT

(1.) The writ petition is made by the Petitioner for quashing the impugned notification dated 7.3.2011 published by the Respondent No. 4, Additional Chief Officer, District Panchayat Bulandshahar, District Bulandshahar for making an auction to appoint the collector of tehbazari.

(2.) The Petitioner's case is that he was selected by Gram Panchayat in respect of a mandi on a Gram Panchayat land. The Petitioner, being the highest bidder, succeeded and the contract was executed in his favour for collection of tehbazari. On the same day, the copy of the resolution was sent to the District Panchayat for issuing a license but instead of issuing the licence by the Zila Panchayat, the impugned notification was published for collection of tehbazari of the concerned Gram Sabha in the District of Bulandshahr ignoring the resolution passed earlier on 15.2.2011 by the Gram Panchayat to entrust the work in favour of the Petitioner.

(3.) The contention of the Petitioner is that under Section 34(2) of U.P. Panchayat Raj Act 1947, it has been held that "All markets and fairs or such portion thereof as are held upon public land shall be managed and regulated by the [Gram Panchayat] and the [Gram Panchayat] shall receive to the credit of the Gram Fund all dues levied or imposed in respect thereof." Heading of Section 34(2) says that this has been done in respect of the property vested in the Gram Panchayat.